The 28-page FCC response essentially said a temporary halt in the order – which applies to VoIP carriers interconnected with the public switched telephone network (PSTN) – is unwarranted, despite the complaint brought to the court by Nuvio, Lightyear Network Solutions, Lingo (a Primus Telecommunications affiliate) and i2 Telecom International. They want a partial stay of the Nov. 28 deadline in large part because, according to them, it carries a threat to cut off subscribers from their services, the 120-day compliance period was too short, and the FCC has not been responsive on questions and clarifications surrounding compliance.
The commission, however, told the U.S. court that VoIP 911 was needed to meet a critical public-safety concern. Contrary to the legal arguments of the four companies, the commission maintained the order is not an unexplained departure from past policies nor is the timeframe for compliance unreasonable. The FCC said its rules are fully consistent with its authority and actions in other emergency-communications areas plus the timetable for implementing such capabilities “is amply justified by the profound public interest in safety that underlies the 911 system.”
In addition, the federal regulators argued that the four companies “substantially overstate the near-term impact of the agency’s order on their business operations.” It added that companies won’t suffer irreparable harm from the order because its Enforcement Bureau has now clarified that noncompliant providers won’t be forced to discontinue services to customers who don’t acknowledge company statements regarding VoIP 911 limitations and capabilities.
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